When an adult cannot make important decisions for themself, state law allows the appointment of a guardian to assume decision-making responsibilities. Although a guardian has legal authority to act on behalf of the protected individual, they must adhere to certain rules and responsibilities while performing their duties.

When you have questions about guardianship responsibilities, a dedicated guardianship attorney could provide an overview of the duties of a guardian in Manalapan Township.

When is a Guardian Necessary?

A court has the authority to appoint a guardian in Manalapan Township to oversee the affairs of an incapacitated person under N.J. Rev. Stat. § 3B:12-25. The statute provides for three types of guardianship:

• Guardianship of the person, where the guardian only takes physical care of the protected person
• Guardianship of the estate, where the guardian only takes care of the protected person’s financial affairs
• Guardianship of the person and estate, where the guardian takes care of the protected person’s well-being and finances

According to N.J. Rev. Stat. § 3B:1-2, an incapacitated person is an individual who is impaired due to conditions such as mental illness, mental or physical disability, or substance abuse. The statute allows a court to consider any condition that causes a person to lack the capacity to govern themselves or their affairs.

Depending on the degree of a person’s incapacitation, the court can decide to appoint a general or limited guardian. A general guardian has the authority to exercise all rights and powers on the incapacitated person’s behalf. A limited guardian typically only has certain specified powers, leaving the individual under guardianship with some decision-making authority.

How to Become a Guardian

Until court approval is obtained, the person over whom guardianship is sought is referred to as an alleged incapacitated person, or AIP. Cases involving guardianship are decided in the Superior Court.

The person seeking guardianship must file a verified complaint that describes why the AIP cannot make decisions or care for themselves, asks the court to find that the AIP is incapacitated, and requests appointment as guardian.

The individual applying for guardianship must prove to the court that the person is incapacitated by providing sufficient evidence. The court can appoint a lawyer to represent the AIP.

Among the documentation required for guardianship cases, the applicant must file two certifications from a physician or psychologist. Each doctor or psychologist must certify as to the AIP’s condition after conducting personal examinations within 30 days of filing for guardianship.

If the court agrees a guardian is necessary, it will issue a written judgment appointing the guardian. However, a guardian does not have the power to officially assume their duties until they qualify with the County Surrogate within 30 days of appointment.

It is important to note that guardianship of the estate is only necessary when the incapacitated person has assets or real property to manage. This can include income from salary or pensions, real estate, or stocks and bonds.

Responsibilities of a Guardian

Upon a Manalapan Township guardian qualifying with the county surrogate, they will assume their duties and responsibilities of guardianship, including tasks such as:

• Visiting with the incapacitated person
• Arranging services for the incapacitated person’s health, education, and welfare
• Making medical decisions on behalf of the incapacitated person
• Providing activities or social opportunities for the incapacitated person
• Filing periodic reports with the court regarding the incapacitated person’s well-being or major health changes

When making decisions on someone’s behalf, the guardian must account for the incapacitated person’s preferences. If the incapacitated person’s preferences are unknown or potentially detrimental, the guardian must make decisions based on what they believe is in the incapacitated person’s best interest.

Speak with an Attorney in Manalapan Township About the Duties of a Guardian

If you are considering becoming a guardian or have questions after being appointed, it is important to speak with an attorney as soon as possible. A lawyer can help explain the responsibilities and duties of a guardian in Manalapan Township.

Although guardians are entitled to financial compensation, guardianships are susceptible to claims of fraud, financial abuse, or exploitation.